Compton v. Davis Oil Co.
| Decision Date | 29 April 1985 |
| Docket Number | No. C83-0238-B,C83-0297.,C83-0238-B |
| Citation | 607 F. Supp. 1221 |
| Parties | Betty COMPTON, Plaintiff, v. DAVIS OIL COMPANY; HPC, Inc.; Nova Jean Lewis Cecil, Nina Lewis, William A. Lewis, Eve Failor, Lois Lewis Phillips, Cas Lewis, Leta F. Lewis, Anna Louise Lewis Chote, Nettie Ruth Lewis Whittle, Mack R. Lewis, Lark Lewis, Ruth Lewis, Pamela Rae Pierson, Sandra Jo Pierson Heflin and Jerry Heflin, other Unknown Heirs of Davis Lewis, Deceased, Defendants. In the Matter of the ESTATE OF Heirship of Dave LEWIS, Deceased. |
| Court | U.S. District Court — District of Wyoming |
COPYRIGHT MATERIAL OMITTED
Earl L. Yeakel III, Stubbeman, McRae, Sealy, Laughlin & Browder, P.C., Austin, Tex., Bruce A. Salzburg, Freudenthal Law Offices, P.C., Cheyenne, Wyo., for plaintiff.
Thomas D. Roberts, Morgan, Brorby, Price and Roberts, Gillette, Wyo., for defendants.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
This matter came on regularly for hearing by the Court sitting without a jury. Counsel submitted the case for determination upon the pleadings, trial exhibits, the depositions of William A. Lewis, taken October 9, 1984 and Ruth Joyce Lewis, taken September 13, 1984, and the post-trial briefs upon the elements of common-law marriage under the laws of the State of Texas. The Court, being fully advised in the premises, makes the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
Nettie M. Schofield was born on October 18, 1888 in the State of Minnesota. At age 13, on November 3, 1900, she was ceremonially married to Reverend Lewis Blanchard Johnson, a minister of the United Brethren Church, in Brook Park, Pine County, Minnesota. He was born January 22, 1876 in Scheller, Illinois, had been ordained at age 16, and was twenty-four (24) years old when he married Nettie. Six (6) months later, on May 20, 1901, Nettie gave birth to her only child, Lyle B. Johnson, in the State of Iowa.
Nettie was of the Catholic religion. The varying religious practices of Nettie and Reverend Johnson created constant conflict and turmoil in their relationship. Soon after Lyle was born they moved to Chicago, Illinois, where L.B. Johnson ministered in an Evangelical United Brethren Church. One day, between 1901 and 1907 or 1908, Nettie returned home from a Catholic mass and found that L.B. Johnson had taken Lyle and left her without notice.
L.B. Johnson remarried in 1908 to Doris Margaret Hamilton, who bore him six (6) children and resided with him in Indiana for nearly fifty years until his death. Reverend Johnson suffered from senility for a few years prior to his death, and succumbed from paralysis of the throat at age seventy-seven (77) a few days after he swallowed his bottom denture.
After L.B. Johnson left, Nettie acquired a job in a restaurant as a waitress in order to support herself. It was at this employment, sometime between 1927 and 1929 that she met the decedent, Dave Lewis, who had been born in Tippah County, Mississippi on June 12, 1890, raised with five (5) brothers and a sister in Ryan, Oklahoma, served in the Navy for many years, and was a veteran of World War I. He was a giant of a man, standing over 6' 6" tall. During his tenure in the Navy, Dave was an accomplished wrestler, and was a Navy wrestling champion for more than twelve (12) years. After leaving the Navy, Dave continued to wrestle throughout the country under several aliases, including "Red Devil" and "Killer Jack," but his most popular nickname, and the one by which he was known to Nettie was "Sailor Jack."
After leaving the Navy, Dave Lewis, and his brother Lonnie Lewis, with whom he was very close, had homesteaded on adjacent tracts in Campbell County, Wyoming. On November 24, 1926 Patent No. 988516, covering 320 acres in the NE/4, NW/4 of Section 17, T.54N., R.72W., 6th P.M., Campbell County, Wyoming, was issued to Dave Lewis. On November 24, 1926, the same day, "Dave Lewis, a bachelor, mortgagor" executed a mortgage deed covering such property as security for a loan from L.M. Hanson, mortgagee. On December 3, 1927 "Dave Lewis, an unmarried man, mortgagor" executed a second mortgage deed covering the property as security for a loan from J.S. Hunter, mortgagee. The first mortgage deed was executed by Lewis in Campbell County, Wyoming, and the second was executed by him in Coconino County, Arizona. It appears Lewis did not reside in the State of Wyoming following the execution of the first mortgage deed described above.
On September 26, 1929 "Dave Lewis & (Mrs. Nettie Lewis) his wife, grantor" executed a "Warranty Deed with Release of Homestead" conveying property in Campbell County, Wyoming not directly in issue in this proceeding to L.F. Heydecker, grantee. They executed this deed in Salt Lake City, Utah. The recitations in this deed contain a waiver and release of all homestead rights, and further state, in part, as follows:
/s/ Creighton G. King Notary Public
Then, on August 11, 1930, "Dave Lewis and Nettie Lewis, husband and wife, grantors" executed a Warranty Deed and Release of Homestead conveying the relevant property to T.L. Platt, grantee, releasing and waiving "all rights under and by virtue of homestead exemption laws of the State of Wyoming" and reserving "all oil, minerals and gas in the above lands" in grantor. This deed was executed by Dave and Nettie in McKinley County, New Mexico. Such instrument contains recitals identical to those set forth above, and bears the signature and seal of Royall S. Smith, Notary Public.
The evidence shows that Dave and Nettie Lewis traveled throughout the United States together between 1929 and 1935 when he was wrestling. They held themselves out and were generally reputed to be, husband and wife. In 1933 or 1934, Dave and Nettie Lewis shared an apartment together in Austin, Texas, on Lavaca Street. While there, they were generally reputed to be married.
On February 26, 1935, Dave Lewis, at age 44, died in Kalispell, Flathead County, Montana, intestate, from a heart attack following a wrestling match that he completed moments before the attack. He owned at death a fee simple interest in the mineral estate described above. His death certificate was witnessed by Lonnie Lewis (or Lon Lewis) and states that Lewis was married at the time of his death. The name of his spouse is omitted, but it is undisputed that the only person to whom Lonnie could reasonably be referring was Nettie.
Dave Lewis was buried in Ralls, Crosby County, Texas, where his parents and various other relatives resided at the time of his death. Nettie Lewis, his brothers, and other relatives attended his funeral. Subsequently Nettie Lewis, on June 11, 1935, filed an application for probate proceedings for Dave Lewis' Estate in the County Court of Crosby County, Texas, relating only to his personal property, stating that the principal part of the defendant's personal property consisted of War Risk Insurance granted by the United States of America to the deceased, that the named beneficiary in the policy was his mother, who predeceased him, so that the proceeds thereof reverted to the estate, and that collection of the proceeds under the terms of the policy required administration of the estate. Nettie Lewis was appointed as administratrix of the estate, and letters of administration issued to her on June 26, 1935. The petition also states that Dave Lewis was a resident of Crosby County, Texas at some point prior to his death.
The estate was never closed. On December 1, 1954 Lonnie Lewis made an application for final settlement of the estate, stating that Nettie Lewis had collected the proceeds of the war-risk insurance policy and that, by the consent of all parties, she was permitted to keep such proceeds. The application also states that no other assets of the estate were discovered. Lonnie Lewis, William Lewis and various other relatives of Dave Lewis knew of the existence of the mineral estate reserved by Dave Lewis at the time of the application to close the estate. In fact, Nettie Lewis had already issued oil and gas leases upon the premises prior to that time. None of the Lewis heirs ever objected to the appointment of Nettie Lewis as Administratrix of the estate, or to her failure to list the Wyoming property interest; none of them sought to initiate probate proceedings in Wyoming prior to the initiation of this suit; and none of them sought to exercise dominion over such property between 1935 and 1961 during her lifetime. Lonnie Lewis' application also states that on his information and belief Nettie had remarried, and that her whereabouts were unknown to him. The estate was closed on February 28, 1955.
Following Dave Lewis' death, Nettie was married, by ceremonial or common-law marriage, to John Brock. After John Brock died, Nettie was married, by ceremonial or common-law marriage, to Bill Jewell some time prior to 1954. On November 17, 1954 "Nettie (Lewis) Jewell" issued two (2) oil and gas leases covering all or part of the mineral estate described above. On January 23, 1958 "Nettie Lewis Jewell and J.W. Jewell" executed another oil and gas lease covering the same property. Finally, on April 4, 1961 "Nettie Lewis Jewell, formerly Nettie Lewis, a widow" executed another oil and gas lease upon the premises. Throughout her lifetime Nettie Lewis exercised sole and exclusive dominion and control over the mineral estate without objection by the Lewis heirs.
Nettie was reunited with her only son sometime in the 1950's. She died testate following a prolonged...
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